William Sutherland v. M. Underwood

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DISMISSING CLAIMS FOUND TO BE NOT COGNIZABLE, AND DEFENDANTS ASSOCIATED WITH SUCH CLAIMS ORDER

William Sutherland ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on September 27, 2010. (ECF No. 1.) Pursuant to 28 U.S.C. § 1915A, the Court screened Plaintiff's Complaint on June 17, 2011, and found that Plaintiff only stated cognizable claims against Defendant Underwood for violations under the Eighth Amendment. (ECF No. 9.) The Court ordered Plaintiff to either cure the deficiencies highlighted in his Complaint through another amendment or notify the Court of his willingness to proceed on the cognizable claims. (Id.) On June 28, 2011, Plaintiff gave notice of his willingness to proceed on the cognizable Eighth Amendment claim against Defendant Underwood. (ECF No. 10.)

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